ML20082F617

Forwards Addl Info Re Core Shroud Mod & Unit 2 Core Shroud Insp Plan,In Response to NRC Request During 950330 Telcon. GE Proprietary Rept NEDE-21653-P Also Encl.Addl Info/Ge Rept Withheld Per 10CFR2.790(b)

ML20082F617
Person / Time
Site:	Quad Cities
Issue date:	04/06/1995
From:	Schrage J COMMONWEALTH EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20046D639	List: ML20082F617
References
NUDOCS 9504120206
Download: ML20082F617 (12)

Text

[: -

'3

. Commonweahh litison Company 1400 Opus Place

(

lhvners Gnne, 11.60515 April 6,1995 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Document Control Desk D

Subject:

Quad Cities Nuclear Station Units 1 and 2, Additional Information - Core Shroud Modification and Unit 2 Core Shroud Inspection Plan NRC Docket Nos. 50-254 and 50-265

Reference:

(1)

R.M. Pulsifer to D.L. Farrar letter dated March 3,1995.

(2)

J.L. Schrage to USNRC letter dated March 3,1995.

(3)

J.L. Schrage to USNRC letter dated March 22, 1995.

(4)

J.L. Schrage to USNRC letter dated March 27,1995.

(5)

Teleconference between USNRC (R. Pulsifer, et al) and Comed (J. Schrage, et al) on March 30,1995.

In Reference (1), the NRC staff transmitted a Request for Additional Information (RAl) to Commonwealth Edison (Comed) related to the proposed repair and inspection plan for the Quad Cities Station, Units 1 and 2 core shrouds. Comed provided a response to the RAI in References (2), (3), and (4). During the Reference (5) teleconference, the NRC Staff requested additional information pertaining to Enclosure 4 of Reference (3). (including the associated Enclosures) to this letter transmits the additional information requested by the NRC staff during the Reference (5) teleconference. Attachment 2 to this letter provides NEDE-21653-P, "XM-19 Materials Qualification Report." This document was discussed in the Comed's response to Question C.13 of the Reference (1) RAI.

This submittal contains information which is proprietary in nature to the General Electric Nuclear Company. This proprietary information is contained in Attachment 1 (and the associated Enclosures) and Attachment 2, and is marked by vertical lines in the right hand margin. Comed has included, as Attachment 3, General Electric Nuclear Company affidavits (dated March 23,1995 and March 31,1995), per the requirements of 10CFR 2.790(b), explaining the reasons and circumstances for withholding the applicable information from public disclosure.

I k\\nla\\ qual \\qc40695.wpf 950412O206 950406 DR p

ADOCK 05000254 PDR A rnicom company

U.S. NRC : April 6,1993 To the best of my knowledge and belief, the analyses and evaluations contained in these documents are true and correct. In some respects these documents are not based on my personal knowledge, but on information furnished by other Commonwealth Edison employees, contractor employees, and/or consultants. Such information has been reviewed in accordance with company practice, and I believe it to be reliable.

If there are any questions concerning this matter, or need for further clarification, please contact this office.

, ::. :::===: ===: -===: -

OFFICIAL SEAL-j Si cerely, MARY JO YACK'

[;, te0TARY PUBLIC. STATE OF ILLINotS l MY COMM198 ton EXPIRES:11/29/97

<v===::::::======:=:-

. '*s.

}%, n, wid A/fB h" L Nuclear Licensmg Administrator A u,' 0 Comed Response - Additional NRC S aff Questions; Quad Cities Core Shroud-Modification -

M.D. Potter (General Electric) letter to K. Hutko (Comed) dated March 31, 1995 - ANSYS computer code run output for the Upset Thermal Case (used for the Quad Cities Shroud Repair Stress Report Backup Calculation, GENE-771 1094, Rev.1). NOTE Applicable pages ofoutput identified with a color separating page Applicable, annotated pages of ANSYS computer code run output for the Upset Thermal Case Post Processor Plot of shroud stresses during the Upset Thermal Case Description of Top Guide Solid Element Structure and Local Coordinate System associated with Post Processor Plot of shroud stresses during the Upset Thermal Case NEDE-21653-P, XM-19 Materials Qualification Report, July 1977 Quad Cities Station Unit I and 2 Core shroud repair documents - General Electric Nuclear Company Affidavits.

cc: J. Martin, Regional Administrator - RIII R. Pulsifer, Project Manager - NRR C. Miller, Senior Resident Inspector - Quad Cities Office of Nuclear Facility Safety -IDNS k\\nla\\ quad \\qc40695.wpf

g _

.7

~

/;

?'9.

t.

+

4 ATTACHMENT 3

.i i

Quad Cities Station Unit 1 and Unit 2 Selected Core Shroud Repair Design Documents GENERAL ELECTRIC COMPANY AFFIDAVITS' i

t E

h i

1 l

k\\nla\\ quad \\qc40695.wpf

r-~g l

c General Electric Company AFFIDAVIT I, George IL Stramback, being duly sworn, depose and state as followc (1) I am Project Manager, Licensing Services, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in the GE proprietary report NEDE-21653-P, XM-19 Materials Guahfication Report, Class III (GE Company Proprietary), dated July 1977. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.

(3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all " confidential commercial information",

and some portions also qualify under the narrower definition of" trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission.

975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

Information that discloses a process, method, or apparatus, including supporting a.

data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.

Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; GBS-95-4-atQCXM19. doc Aindavit Page 1 L

,o n.

a

.y

( g. i r

cl dnformation which reveals cost or price'information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;.

d.

Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of' potential commercial value to General Electric; i

i e.

Information which discloses patentable subject matter for which it may. be desirable to obtain patent protection.-

The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.-

(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, and is in fact so held._

The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to' l

~

regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and c the subsequent steps taken to prevent its unauthorized disclosure, are as set forth~in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the..

originating component, the person most likely to be acquainted with the value and.

sensitivity of the information in relation to industry knowledge.: Access to such documents within GE is limited on a "need to know" basis.~

l (7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information,' and then only in accordance with appropriate regulatory provisions or proprietary agreements.

]

1 l

4 i

GBS-95-4-afQCXM 19. doc Affidavit Page 2

)

l

%%, 9 y,.4pe w

n.

es i

L(8) The information identified in paragraph (2), above; is classified as proprietary because U

it Leontain's detailed results. and analysis of material performance ' from plant J

_ environment _ exposure and experimentation to qualify XM-19 for application in the -

BWR environment.L The qualification of this material has resulted in extensive design.

changes for application 'and use of this material in many BWR components. The~

qualification and design application of this material to both new and existing.BWRs -

was at a significant cost to GE, on the order of several million dollars.-

The development '.of' the evaluation process along _with the_ interpretation and-application' of the analytical results is derived from the extensive experience databasei that constitutes a major GE asseti

-(9) Public disclosure of the information sought to be withheld is likely to cause.

l substantial harm to GE's competitive position and foreclose or reduce the availability.-

I of profit-making opportunities. The information is part of GE's comprehensive BWR safety and technology' base, and_ its commercial value extends beyond the original development cost. The value of the technology base.goes beyond the extensive -

physical database and analytical methodology and includes development of the -

expertise to determine and apply the appropriate evaluation process. In addition, the technology; base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantiali GE's competitive advantage will be lost ifits competitors are able to use the results of.

the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide l

competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on' its large investment in developing these very valuable analytical tools.

i I

GBS-95-4-afQCXM19. doc Affidavit Page 3

4 STATE OF CALIFORNIA

)

')-

ss:

COUNTY OF SANTA CLARA

)

George B. Stramback, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this d332 day of ' 94Mb 1995.

W.

g

~uwtu $ /Nahrh 06orge M Stramback ~

General Electric Company Subscribed and sworn before me this c2Js.9 day of M

1995.

otary Public, State of Calf m

JUuE A.CURTS COMM. # 974657 l.'

-. Notcry Public - CoHfomio

- "A SANTA CtARA COUNTY

- - My Comm. Expires SEP 30.1996 l

GBS-95-4-afQCXM19. doc AfDdavit Page 4 l

m"

^~':~~

~;

~

~

~~

~

~

mgw afQ j

bhh,l<

W

._ General Electric Company :

1 n

AFFIDAVIT :

I, George B. Stramback, being duly sworn, depose and state as follows-a (1) ' I'am Project Manager, Licensing Services, General Electric l Company ("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for-its:

withholding.

(2) ' The information sought to be withheld is contained in th'e GE proprietary letter and attachments GE letter M. D. Potter to Kenneth Hutko, GENE / Comed Responses _ to -

the NRC Requestfor AdditionalInformation Regarding the Quad Cities Units 1 aml,

2 Shroud Repair Project, (GE Company Proprietary Information), dated March 31, 1995 and Attachments, computer run output, Quad Cities 1 & 2 Shroud Upset Thermal Analysis Computer input /Outputfor Case Requested by the NRC, Run I.D.

Number Q-UQBPFF and plot, ANSYS Post-Processor Plotfor the Upset Thermal.

Analysis Casefor Quad Cities 1 & 2. The proprietary information is delineated by _

i bars marked in the margin adjacent to the specific material.

- (3) In making this application for withholding of propnetary mformation of which it is.

L the owner, GE relies upon the exemption from disclosure set forth 'in the Freedom of :

i Information Act ("FOIA"), 5 USC'Sec. 552(b)(4), and the Trade Secrets Act,18--

USC Sec. 1905, and NRC. regulations 10 'CFR. 9.17(a)(4), 2.790(a)(4),: and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from -

a person and privileged or confidential" (Exemption 4). ' The material for which exemption from disclosure is here sought is all " confidential commercial information",

l and some portions also qualify under the narrower definition of" trade secret",' within -

the-meanings assigned to those terms for purposes of FOIA Exemption l4 in, respectively, Critical Mass Enerny Project v. Nuclear Rematory Commission.

975F2d871 (DC Cir.1992), and Public Citizen Health Research Group vi FDA.-

704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information _ which fit into the definition of proprietary information are:

e a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by General Electric's competitors.

without license from General Electric constitutes a competitive economic advantage over other com'panies; 3

GBS 95 5-afQCDRF7. doc Affidavit Page 1

gm c e *x 4-b.

Information which, if used by a competitor, would reduce his expenditure of resources or. improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; Information which reveals cost or price information, production capacities, c.

budget levels, or commercial strategies of General Electric, its customers, or its suppliers; d.

Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; Information which discloses patentable subject matter for which it may be e.

desirable to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, and is in fact so held.

The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

GBS-95 5-afQCDRF7. doc Affidavit Page 2

~~~

~'

'E

~ ~

ym ex 7

q'

'i h

g

' K.l w

3g_'

J;::3 ;;

e-vg m

1 i

[

. (8) The information identified in paragraph (2), above, is classified as proprietary because j

it contains the supporting Design Record File (DRF) detailed calculations' results and bases foriconclusions contained in GENE-771-691094, Backup Calculationsfore Quad Cities Shroud Repair Shroud Stress Reportfor Commonwealth Edison Quad :

Cities Nuclear Power Station Units 1 and 2, Revision 1, (GE Proprietary )/ dated x y

February 1995. This report,-previously provided to the NRC,'and the supportingi

'information identified in paragraph (2) evaluate a hardware design-modification'-

(stabilizer for the' shroud horizo'ntal welds) intended to be installed in a reactor to :

resolve the reactor pressure vessel core shroud weld cracking concern. This detailed -

y level ofinformation usually resides in GENE files, only for audit by customers.and !

the NRC. This information shows in' specific detail the processes, codes and methods:

employed to perform.the evaluations summanzed in the above identified document.

The development and approval of this design modification utilized systems, components, and models and computer codes that were developed at _a significant j

cost to GE, on the order of several hundred thousand dollars.

i The development of the supporting processes, as shown in put in this DRF detailed information, was at a significant additional cost to GE, in excess of a million dollars,.

over and above the large cost of developing the underlying individual proprietary.

report information.

l (9) Public disclosure 'of the information sought to be withheld:is likely to.cause substantial harm to GE's competitive position and foreclose or reduce the availability-of profit-making opportunities. The information is part of GE's comprehensive BWR ~

safety and technology base, and its commercial value extends beyond the original:

development cost. The value of the technology base:goes beyond the extensive ~'

physical database and analytical: methodology and includes development of the l

expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a -

substantial investment of time and money by GE.

1 The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

q 1

GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

[

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having -

.j GBS-95-5-afQCDRF7. doc Affidavit Page 3

e -.

4+..

i. ^

been required to undertake a similar expenditure of resources would unfairly provide.

competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an _ adequate return on its' large ' investment in developing these very valuable analytical tools.

b 4

1 f

)

GBS-95 5-afQCDRF7. doc Affidavit Page 4

-a--?

p--

j STATE OF CALIFORNIA-

)

)

ss:

COUNTY OF SANTA CLARA

)

George B. Stramback, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this $ld day of M 1995.

b.

y Ge6rge B. S'tramback General Electric Company Subscribed and sworn before me this J/sr day of 1995.

W

/x

'li rnia otary Public, State o a

.m j

JuuE A.CUfRS COMM. # 974657 g

h Notory PubRc - CoEfomio 3 SANTA CLARA COUNTY My Comm. Expires SEP 30.1996 j

j l

l i

GBS-95-5-afQCDRF7. doc AfHdavit Page 5